HomeMy WebLinkAboutOrdinance 15342:~ ~ R..
ORDINANCE NO. ~~~~~
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 7, CITY OF FORT WORTH, TEXAS";
PROVIDING THE EFFECTIVE AND EXPIRATION DATES FOR THE
ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on February 29, 2000 of Resolution
No 2617 (M&C G-12829), the City of Fort Worth, Texas (the "City") has elected to be eligible
to participate m tax abatement and has established guidelines and criteria governing tax
abatement agreements entered into between the City and vanous third parties, as authorized by
and in accordance with the Property Redevelopment and Tax Abatement Act, codified in Chapter
312 of the Texas Tax Code (the "Code"), and
WHEREAS, the City Council desires to promote the development of the area m the City
more specifically described in Exhibit "A" of this Ordinance (the "Zone") through the creation
of reinvestment zone for purposes of granting residential and commercial-industrial tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, on November 26, 2002, the Crty Council designated the Hemphill/Berry
Area as a Neighborhood Empowerment Zone by Resolution to promote (1) the creation or
rehabilitation of affordable housing m the zone, or (2) an increase in economic development in
the zone, or (3) an increase m the quality of social services, education or public safety provided
to the residents of the zone; and
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No 7 is located
within the Hemphill/Berry Neighborhood Empowerment Zone; and
;'
WHEREAS, the Neighborhood Empowerment Zone No 7 will promote the creation of
affordable housing m the zone and an increase in economic development m the zone; and
WHEREAS, on November 26, 2002, the City Council held a public hearing regarding
the creation of the Zone afforded a reasonable opportunity for all interested persons to speak and
present evidence for or against the creation of the Zone ("Public Hearing"), as required by
Section 312.201(d) of the Code; and
WHEREAS, notice of the Public Hearing was published in a newspaper of general
circulation in the City on November 15, 2002 which satisfies the requirement of Section
312.201(d)(1) of the Code that publication of the notice occur not later than the seventh day
before the date of the public hearing; and
WHEREAS, m accordance with Sections 312.201(d)(2) and (e), notice of the Public
Hearing was delivered m writing not later than the seventh day before the date of the public
hearing to the presiding officer of the governing body of each taxing unit that includes m its
boundaries real property that is to be included in the proposed Zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Section 1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the Zone and
after conducting the Public Hearing and affording a reasonable opportunity for all interested
persons to speak and present evidence for or against the creation of the Zone, the City Council
hereby makes the following findings of fact:
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1.1. The statements and facts set forth m the recitals of this Ordinance are true and correct.
Therefore, the City has met the nonce and procedural requirements established by the
Code for creation of a reinvestment zone under Chapter 312 of the Code; and
1.2. That the boundaries of the reinvestment zone shall be the boundaries as described m
Exhibit "A" which is attached hereto and made a part hereof;
1.3. The Zone meets the criteria for the designation of a reinvestment zone as set forth m <
V T C.A., Tax Code, Section 312.202, as amended, m that the area is reasonably likely as a
result of the designation to contribute to the retention or expansion of primary
employment or to attract mayor investment m the zone that would be a benefit to the
property and that would contribute to the economic development of the mumcipality
1.4. Future improvements m the Zone will benefit the land included in the Zone as well as the
City for a period m excess often (10) years, which is the statutory maximum term of any
tax abatement agreement entered into under the Chapter 312 of the Code.
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby designates the Zone described m the boundary description
attached hereto as Exhibit "A" and made a part of this Ordinance for all purposes as a
reinvestment zone for purposes of granting residential and commercial-industrial tax abatement,
as authorized by and m accordance with Chapter 312 of the Code. The Zone shall be known as
"Neighborhood Empowerment Reinvestment Zone No 7, City of Fort Worth, Texas" The area
within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No 2617 and M&C G-13662R.
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Section 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance and expire five
(5) years thereafter The Zone may be renewed by the City Council for one or more subsequent
terms of five (5) years or less.
Section 4.
SEVERABILITY.
That if any portion, section or part of a section of this Ordinance is subsequently declared
invalid, inoperative or void for any reason by a court of competent ~unsdiction, the remaining
portions, sections. or parts of sections of this Ordinance shall be and remain in full force and
effect and shall not in any way be impaired or affected by such decision, opinion or~udgment.
Section 5.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE ~ a `~~o' ~~
APPROVED AS,TO FORM AND LEGALITY
By ~_ U c_.~
Cynthia Garcia
Assistant City Attorney
Date: ' ~ - ~~ - o `~
M&c ~ -13$ 13
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EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 7
Berry/Hemphill
General Descnption
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No 7 for tax abatement purposes contains 1.50 square miles of land and' is within
the area described below
On the North: Beginning at the intersection of the Burlington Northern Railroad nght-
of-way, formerly the A.T & S.F Railroad nght-of--way, and Paige Street. Thence east
along Paige Street to the northwest corner of Lot 3, Block 3, Hemphill Heights
Addition, as recorded m Volume 106, Page 109 of the Tarrant County plat records.
Thence south along the western property line of Lot 3 and Lot 14, Block 3, Hemphill
Heights Addition, to Hulkey Street. Thence south across Hulkey Street to the alley that
bisects Block 1, Winston Addition as recorded m Volume 204, Page 1 of the Tarrant
County plat records. Thence south along the alley behind the rear property lines of Lots
18 -10, Block 1, Winston Addition to West Morningside Dnve. Thence continuing
south across West Morningside Dnve to the northwest corner of Lot 2, Block 2,
Winston Addition. Thence south along alley behind the western property lines of Lots
2 - 8, Block 2, Winston Addition. Thence south across Capps Street to the alley that
bisects Block 4, South Hemphill Heights Addition as recorded m Volume 106, Pages
132 & 133 of the Tarrant County plat records. Thence south along said alley behind the
western property lines of Lots 24-13, Block 4, South Hemphill Heights Addition.
Thence south across Cantey Street to the alley that bisects Block 15, South Hemphill
Heights Addition, and continuing south along said alley behind the western property
fines of 24-13, Block 15, South Hemphill Heights Addition. Thence south across
Lowden Street to the alley that bisects Block 21, South Hemphill Heights. Thence
south along said alley behind the western property Imes of Lots 24-13, Block 21, South
Hemphill Heights Addition. Thence south across Bowie Street to the alley that bisects
Block 32, South Hemphill Heights Addition. Thence continuing south along said alley
behind the western property lines of Lots 24-14, Block 32, South Hemphill Heights
Addition, to the southwest corner of Lot 14 Thence east along the south property line
of Lot 14, Block 32 to Jennings Avenue. Thence south along Jennings Avenue to Berry
Street. Thence east along Berry Street to Southbound Interstate Highway 35 West (IH
35W}, also know as the South Freeway
On the East: Beginning at the intersection of Berry Street and southbound Interstate
Highway 35 West (IH 35W), also know as the South Freeway Thence south along IH
35W to Ripy Street. Thence west along Ripy Street to South Jones Street. Thence
south along South Jones Street to Butler Street. Thence east along Butler Street to the
Southbound IH 35W Thence proceeding south along IH 35W to Thornhill Dnve.
Thence west along Thornhill Dnve to its intersection with the northwest corner of Lot
1 of a
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lA, Block 12, Southwayside Addition, as recorded m Volume 388-0, Page 451 of the
Tarrant County plat records. Thence south along the western property lines of Lots lA
and 2A, and 3-15, Block 12 Southwayside Addition. Thence south across Hammond
Street to the northwest corner of Lot 1, Block 13, Southwayside Addition, as recorded
in Volume 388-R, Page 14, thence following the western property lines of Lots 1-10,
Block 13, Southwayside Addition to Spurgeon Street. Thence south across Spurgeon
Street to the northwest corner of Lot 2, Block 9, Southwayside Addition, also recorded
m Volume 388-R, Page 14 of the Tarrant County plat records. Thence south along the
western property line of Lot 2, Block 9, Southwayside Addition, and the western
property line of Tract 3B7, John Thornhill Survey, Abstract 1519, as recorded in
Volume 11094, Page 1765 of the Tarrant County deed records, to Felix Street.
On the South: Beginning at the intersection of Tract 3B7, John Thornhill Survey,
Abstract 1519, as recorded m Volume 11094, Page 1765 of the Tarrant County deed
records, and Felix Street. Thence west along Felix Street to the southwest corner of Lot
18, Block 32, Mazquette Place Addition, as recorded m Volume 388, Page 3 of the
Tarrant County plat records.
On the West: Begmmng at the intersection of Felix Street and the southwest corner of
Lot 18, Block 32, Mazquette Place Addition, as recorded m Volume 388, Page 3 of the
Tarrant County plat records. Thence north along the western property line of Lots 18
and 19, Block 32, Mazquette Place Addition, to the southwestern corner of Lot 3, Block
36, South Side Addition-Fort Worth, as recorded in Volume 204A, Page 109 of the
Tarrant County plat records. Thence north along the western property lines of Lots 3
through 1, Block 36, South Side Addition to Spurgeon Street; thence north across
Spurgeon Street to the southwest corner of Lot 6, Block 33, South Side Addition, thence
north along the western property lines of Lots 6 through 1, Block 33, South Side
Addition to Boyce Street. Thence north across Boyce Street to the southwest corner of
Lot 6, Block 28, South Side Addition, thence north along the western property lines of
Lots 6-1, Block 28, South Side Addition to Hammond Street. Thence north across
Hammond Street to the southwest corner of Lot 6, Block 25 South Side Addition, as
recorded in Volume 204A, Page 109 of the Tarrant County plat records. Thence north
along the western property lines said Lot 6, Block 24 and of SA, 4A, 3A, Block 25,
South Side Addition, as recorded m Volume 388-58, Page 459; thence continuing north
along the western property lines of Lots 2 and 1, Block 25, as recorded m Volume
204A, Page 109 of the Tarrant County plat records to Gambrell Street. Thence north
across Gambrell Street to the southwest corner of Lot 6, Block 20, Southside Addition,
then north along the western property lines of Lots 6-l, Block 20, Southside Addition,
as recorded in Volume 204A, Page 109 of the Tarrant County plat records to Beddell
Street. Thence north across Beddell Street to the southwest corner of Lot 6 Block 17,
Southside Addition, then north along the western property lines of Lots 6-1, Block 17,
South Side Addition, as recorded m Volume 204A, Page 109 of the Tarrant County plat
records to Broadus Street. Thence north across Broadus Street to the southwest corner
of Lot 6, Block 12, South Side Addition, thence north along the western property lines
of Lots 6-l, Block 12, South Side Addition as recorded m Volume 204A, Page 109 of
the Tarrant County plat records, to Kellis Street. Thence north across Kellis Street to
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the southwest corner of Lot 2R, Block 10, South Side Addition as recorded m Volume
A, Page 636 of the Tarrant County plat records. Thence north along the western
property tine of Lot 2R, Block 10 South Side Addition to Seminary Dnve. Thence west
along Seminary Dnve to the alley that bisects Block 9, Walker Addition, as recorded in
Volume 204, Page 50 of the Tarrant County plat records. Thence north along the alley
behind the western property lines of Lots 12-1, Block 9, Walker Addition to Flint
Street. Thence east along Flint Street to College Avenue. Thence north along College
Avenue approximately 50' to the continuation of Flint Street. Thence continue east
along Flint Street to the southwest corner of Lot 6, Block 3, Southside Addition-Fort
Worth, as recorded m Volume, 204A Page 109 of the Tarrant County plat records.
Thence north along the western property lines of Lots 6 through 1, Block 3, Southside
Addition, to Malta Avenue. Thence north across Malta Avenue to the southwest corner
of Lot 7, Block 2, South Fort Worth Addition. Thence north along the western property
lines of Lots 7-1, Block 2, South Fort Worth Addition to Bolt Street. Thence north
across Bolt Street to the southwest corner of Lot 7, Block 48, South Fort Worth
Addition, as recorded in Volume 204, Page 15 of the Tarrant County plat records.
Thence north along the western property lines of Lots 7 through 4, Block 48, South
Fort Worth Addition, to Mason Street. Thence north across Mason Street to the
southwest corner of Lot 15, Block 41, South Fort Worth Addition, as recorded in
Volume 204, Page 15 of the Tarrant County plat records. Thence north along the
western property lines of Lots 15 through 4, Block 41 South Fort Worth Addition, to
Drew Street. Thence west along Drew Street to Travis Street. Thence north along
Travis Street to Fogg Street. Thence east on Fogg Street to the southwest corner of Lot
15, Block 32, South Fort Worth Addition, as recorded in Volume 204, Page 15 of the
Tarrant County plat records. Thence north along the western property lines of Lots 15
through 4, Block 32, South Fort Worth Addition to W Pafford Street. Thence north
across W Pafford Street to the southwest corner of Lot 9, Block 28 South Fort Worth
Addition, as recorded m Volume 204, Page 15 of the Tarrant County plat records.
Thence north along the western property lines of Lots 9 through 4, Block 28, South Fort
Worth Addition, to Waggoman Street. Thence north across Waggoman Street to the
southwest corner of Lot 9, Block 21 South Fort Worth Addition. Thence north along
the western property lines Lots 9 through 6, Block 21, South Fort Worth Addition as
recorded in Volume 204, Page 15 of the Tarrant County plat records. Thence north
along the western property lines of Lot 4R, Block 21, South Fort Worth Addition as
recorded in Volume 388-71, Page 121 of the Tarrant County plat records, to West
Dickson Street. Thence north across West Dickson Street to the southwest corner of Lot
10, Block 16 Cameron Place, as recorded m Volume 309, Page 30 of the Tarrant
County plat records. Thence north along the western property lines of Lots 10 through
18, Block 16, Cameron Place, to Butler Street. Thence north across Butler Street to the
southwest corner of Lot 13, Block 9, Cameron Place, as recorded in Volume 309, Page
30 of the Tarrant County plat records. Thence north along the western property lines of
Lots 13 through 24, Block 9 Cameron Place to Ripy Street. Thence north across Ripy
Street to the southwest corner of Lot 11, Block 4, Cameron Addition as recorded m
Volume 309, Page 30 of the Tarrant County plat records. Thence north along the
western property line of Lot 11, Block 4 as recorded in Volume 309, Page 30 of the
Tarrant County Plat Records and along the western property lines of 12R, Block 4, as
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recorded m Volume 388-196, Page 87 of the Tarrant County plat records, and Lots 14
through 20, Block 4, as recorded m Volume 309, Page 30 of the Tarrant County plat
records, to Biddison Street. Thence west along Biddison Street to its intersection with
Henderson Street. Thence north along Henderson Street to its intersection with Beny
Street. Thence west along Berry Street to its intersection with the Burlington Northern
Railroad nght-of--way, formerly the A.T & S.F Railroad nght-of--way Thence north
along said nght-of--way to its intersection with Paige Street, also being the point of
beginning.
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HemphilllBerry NEZ Exhibit A
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Burlington Northern
Railroad
Cameron Place
Block 16, 9, & 4
r
South Fort Worth Addn
Blocks 32, 28, & 21
South Fort Worth Addn
Blocks 41 & 48
:r
Hemphill Heights Addn
Block 3
Winston Addn _
Blocks 1 & Z
South Hemphill Heights Addn
„` Block 4,15, 21, and 32
IH35W Southbound
Service Road
Jones St
IH35W Southbound
Service Road
So uths id a Add n
Blocks 2 & 3
Walker Addn ~
Block 9 II
y SouthwaysideAddn
Blocks 12,13, & 9
So uths id a Ad d n
Bks 36, 33, 28,
25, 20,17 12, & 10
TViQDQ
Planning
Marquette Place
Block 32
Legend
Hemphill/Berry Village
HemphilllBerry NEZ
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F E LI}{
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 G-13813 05HEMPHILL 1 of 2
SUBJECT RESOLUTION TO DESIGNATE THE HEMPHILL/BERRY AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE
THE HEMPHILL/BERRY AREA AS REINVESTMENT ZONE NO 7
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached resolution to designate the Hemphill/Berry area as a Neighborhood
Empowerment Zone (NEZ), and
2 Hold a public hearing concerning the designation of the Hemphill/Berry area as Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 7, and
3 Adopt the attached ordinance to designate the Hemphill/Berry area as FWNERZ No 7 pursuant to
the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312
DISCUSSION
Resolution on NEZ Designation
In March 2002, the City Council approved preliminary boundaries for twelve urban villages and a
recommendation to make mixed-use zoning a prerequisite for NEZ designation The Hemphill/Berry
urban village has completed the mixed-use .rezoning process as approved by the City Council on
November 19, 2002. The NEZ boundaries are shown on Exhibit "A" of the attached re"solution
Hemphill/Berry area meets the criteria for NEZ designation, as follows
• Promotes affordable housing, economic development and increases in the quality of services as
stated in the Central City Commercial Corridor Revitalization Strategy; and
• Has an area no larger than 1 5 sq miles (1 5 sq miles.), and
• Is 100% within the Central City and 84% within Community Development Block Grant-eligible
areas, and
• Is bounded by clearly defined boundaries, and
• Meets the criteria for Reinvestment Zone designation
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 G-13813 05HEMPHILL 2 of 2
SUBJECT RESOLUTION TO DESIGNATE THE HEMPHILVBERRY AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE
THE HEMPHILL/BERRY AREA AS REINVESTMENT ZONE NO 7
Public Hearing and Ordinance on FWNERZ Designation
One of the incentives a municipality can provide in a NEZ according to Chapter 378 of the Texas Local
Government Code is an abatement of municipal property taxes for properties in the NEZ. Therefore the
Hemphill/Berry area would need to be designated as a reinvestment zone under Texas Tax Code,
Chapter 312, so the City could enter into tax abatement agreements The exact boundaries of the zone
are described in Exhibit "A" of the attached ordinance
The Texas Property Redevelopment and Tax Abatement Act (the Act) requires a public hearing Notice
of the public hearing was (1) delivered to the governing body of each affected taxing unit. and (2)
published in the newspaper at least seven days prior to this meeting The Act requires the property
receiving an abatement to be located in a reinvestment or enterprise zone
The proposed area meets the criteria for the designation of a reinvestment zone in that the area is
reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary
employment, or to attract major investment in the zone that would be a benefit to the area and
contribute to the economic development of the municipality Further, future improvements in the zone
would be a benefit to the City after any Tax Abatement Agreements that may be entered into have
expired The designation of a reinvestment zone expires after five years and may be renewed for
periods not to exceed five years.
On November 12, 2002, the above recommendations were endorsed by the Economic and Community
Development Committee for City Council approval
The FWNERZ No 7 and Hemphill/Berry NEZ are located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
RR.k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT .CITY SECRETARY
Office by: (to)
Reid Rector G140
Originating•Department Head:
Jerome Walker 7537 (from) APPROVED 11/26/02
'RESOLUTION N0.2892
Additional Information Contact: ORD # 15342
Jerome Walker 7537